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Legal consequences of cashing inheritance check with attached 'contract' relinquishing other rights.

Santa Clara, CA |

Money is being distributed after sale of assets to all heirs. Checks were sent with statement saying that cashing the check will imply my acceptance of the revisions to the family trust and to my transfer of [other rights to property] to the family trust. Is this statement binding? I do not agree with transferring my rights to the other property, nor the revisions. Can I cash my check?

Attorney Answers 4

  1. No you should not cash the check and should state your objections in writing ASAP.

  2. Object to the provisions in writing and say that you are cashing the check even though you are going to object to the provisions and you reserve your rights to object to the revisions.

  3. You should not cash the check, and you should get local counsel to advise you about your rights. There may be important deadlines that you should not miss. Please call my office if you would like to make an appointment. Our office is very close to Santa Clara.

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